Perman v Wentholt-Dwyer & Anor [2005] NSWSC 168

Perman v Wentholt-Dwyer & Anor [2005] NSWSC 168

The plaintiff was entitled to equitable compensation for improvements made in reliance on the defendant's representation; compensation reduced for removed improvements; interest awarded from the date the plaintiff vacated the property; equitable charge imposed to secure payment.

Jurisdiction
Australia
Judgment Date
15 March 2005
Procedural Posture
Civil / Final Judgment
Outcome
judgment for the plaintiff
Legal Topics
['proprietary Estoppel' 'equitable Compensation' 'interest' 'costs']
['equity'] ['proprietary Estoppel' 'equitable Compensation' 'interest' 'costs']

Case Brief

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to equitable compensation and an equitable charge based on proprietary estoppel' 'From what date should interest on compensation run' 'Whether compensation should be reduced due to removal of improvements by the plaintiff']

Ratio Decidendi

The plaintiff was entitled to equitable compensation for improvements made in reliance on the defendant's representation; compensation reduced for removed improvements; interest awarded from the date the plaintiff vacated the property; equitable charge imposed to secure payment.

Court Disposition

judgment for the plaintiff

Orders

  • ['Order that the defendant pay to the plaintiff the sum of $23,908.42, including interest to date, together with interest from 16 March 2005 until the date of payment, at the rates prescribed by s95 of the Supreme Court Act.' 'Order that an equitable charge be imposed on the interest of the defendant in the whole of...